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(영문) 대구지방법원상주지원 2020.12.16 2019고단472
권리행사방해
Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive, Defendant A.

Reasons

Punishment of the crime

Defendant

B On May 28, 2019, the Chuncheon District Court was sentenced to imprisonment with prison labor and three years and six months for fraud, etc., and the judgment became final and conclusive on May 29, 2019.

Defendant

A around April 13, 2015, he/she received a proposal from Defendant B that “A shall purchase a heavy dump truck with a loan from fump from dump, and he/she shall repay the balance of the loan already held. The remaining loan shall use a new dump truck with an internal business and pay the installment, and operate maintenance expenses, etc.” On or around April 21, 2015, the Defendants received a loan of KRW 105,000 from the victim C for 105,00,000 for the purchase of D freight truck under the name of the Defendant, and then purchased the D truck under the name of the Defendant, even if it was ordered by establishing a mortgage over the claim amount of KRW 63,00,000 for the victim, the amount of installments was overdue, and the amount on which the name cannot be known from the early bump truck on 2016 to the first bump truck (the Defendant A shall be 90,000,00 won).

As a result, the Defendants conspired to conceal their own property which is the object of the victim's right and interfered with the exercise of the right.

Summary of Evidence

1. Defendant A’s legal statement and part of Defendant B’s legal statement

1. Legal statement of witness E;

1. A criminal investigation report filed by the police on F on the statement of the statement (related to the use of nine million won, in case of arranging the vehicles subject to the investigation by the A);

1. Previous convictions: Criminal records and investigation reports (verification of the confirmation of the suspect B trial records) Defendant B did not participate in the crimes A, and Defendant B claimed that they did not participate in the crimes.

However, the circumstances acknowledged by the above evidence, ① introducing the business operator to loan the instant vehicle to A as security is Defendant B, ② Defendant B is a motor vehicle dealer who is well aware of the structure of the vehicle security loan and the necessity of delivery, ③ the instant vehicle at the time of obtaining the loan is controlled and managed by Defendant B.

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